Vol. 32 No. 20
       ©2004 Marianas Variety
Monday, April 12, 2004 www.mvariety.com
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AG: Saipan zoning law still in force

By Haidee V. Eugenio
Variety News Staff

THE Department of Public Works says it is now going to prohibit “sleazy joints and fly-by-night businesses” from operating in western Garapan pursuant to the Saipan zoning law which, according to a recent attorney general’s legal opinion, “is still in force,” Variety learned.
Public Works Secretary Juan S. Reyes said the pending completion of the $3.3 million Garapan pedestrian mall project also makes it “reasonable” to remove establishments in the area that promote prostitution.
Reyes earlier sought the AG’s opinion on the enforceability of the zoning law.
“We wanted to know if western Garapan could be ‘zoned’ to stop and prevent night clubs from operating, without us violating any law, and the attorney general’s opinion said the law allowing that is still in effect,” Reyes told Variety.
But he said DPW has yet to fully assess how it is going to ban “sleazy joints” in Garapan, especially those that are already in operation.
“We need more time to review everything, but it will be done,” Reyes added.
Attorney General Pamela Brown, in a 10-page legal opinion dated March 11, said the Saipan legislative delegation’s suspension of the zoning law in Aug. 1994 was “invalid.”
Brown said the legislative delegation lacked any authority as required by the CNMI Constitution’s Article II, Section 6 to enact the measure suspending the zoning law.
She, however, said that “while the zoning law still has full legal effect, it will be a slow process to create the necessary infrastructure to enforce it.”
“First, the members of the zoning board must be appointed and approved by the...local delegation,” she said.